Text: HF00028 Text: HF00030 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 368.19, unnumbered paragraph 1, Code 1 2 1999, is amended to read as follows: 1 3 The committee shall approve or disapprove the petition or 1 4 plan as amended, within ninety days of the final hearing, and 1 5 shall file its decision for record and promptly notify the 1 6 parties to the proceeding of its decision. If a petition or 1 7 plan is approved, the board shall set a date not less than 1 8 thirty days nor more than ninety days after approval for a 1 9 special election on the proposal and the county commissioner 1 10 of elections shall conduct the election. In a case of 1 11 incorporation or discontinuance, registered voters of the 1 12 territory or city may vote, and the proposal is authorized if 1 13 a majority of those voting approves it. In a case of 1 14 annexationor severance, registered voters of the territory 1 15 and of the city may vote, and the proposal is authorized if a 1 16 majority of the total number of persons residing in the 1 17 territory and voting approves it and if a majority of the 1 18 total number of persons residing in the city and voting 1 19 approves it. In case of severance, registered voters of that 1 20 area of the city to be severed and of the remainder of the 1 21 city may vote, and the proposal is authorized if a majority of 1 22 the total number of persons residing in the area to be severed 1 23 and voting approves it and if a majority of the total number 1 24 of persons residing in the remainder of the city and voting 1 25 approves it. However, if there are no registered voters in 1 26 the territory to be severed or annexed, a special election on 1 27 the proposal shall not be conducted and the proposal shall be 1 28 implemented as if the proposal was approved at a special 1 29 election. In a case of consolidation, registered voters of 1 30 each city to be consolidated may vote, and the proposal is 1 31 authorized only if it receives a favorable majority vote in 1 32 each city. The county commissioner of elections shall publish 1 33 notice of the election as provided in section 49.53 and shall 1 34 conduct the election in the same manner as other special city 1 35 elections. 2 1 Sec. 2. EFFECTIVE DATE APPLICABILITY. This Act, being 2 2 deemed of immediate importance, takes effect upon enactment 2 3 and applies to any special election conducted pursuant to 2 4 section 368.19 after the effective date of this Act to approve 2 5 or disapprove a petition pending before the city development 2 6 board before, on, or after the effective date of this Act. 2 7 EXPLANATION 2 8 This bill provides that an annexation or severance of 2 9 territory to or from a city shall be approved by a majority of 2 10 the city voters voting on the issue and by a majority of the 2 11 voters voting and residing in the territory to be affected by 2 12 the annexation or severance. The city voters and the voters 2 13 of the affected territory must separately approve the 2 14 proposal. Under current law, the proposal is authorized if a 2 15 majority of the combined votes of the city voters and the 2 16 affected territory voters approves the proposal. 2 17 If there are no registered voters in a territory to be 2 18 annexed or severed, a special election on the proposal shall 2 19 not be conducted and the proposal shall be implemented as if 2 20 the proposal was approved at a special election. 2 21 This bill takes effect upon enactment and applies to any 2 22 special election conducted to approve or disapprove a petition 2 23 pending before the city development board before, on, or after 2 24 the effective date of this bill. 2 25 LSB 1182YH 78 2 26 tj/sc/14
Text: HF00028 Text: HF00030 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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